just married while on TN Visa, now do we file I-485?

[kennedy_rae 0]

Do we now file for AOS with the I-485 checklist of items?

We married after knowing eachother 3 years, I am not American, he is. We married inside the US.

I also wonder since I am on a TN Visa if I were to quit my job or be laid off after filing for AOS what would happen?

any insight would be great

thanks

Edited August 4, 2009 by kennedy_rae

[kennedy_rae 0]

Also I am confused, do I need to include all the paperwork for the I-130 section as well and documentation??

[EstebanTrabajos 7]

Do we now file for AOS with the I-485 checklist of items?

We married after knowing eachother 3 years, I am not American, he is. We married inside the US.

I also wonder since I am on a TN Visa if I were to quit my job or be laid off after filing for AOS what would happen?

any insight would be great

thanks

Follow the steps by clicking the link below, you have to send both I-485 and I-130, check the guide for more info.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Once you apply for AOS, you are free to quit your job and you won't be out of status because now instead of being a TN visa holder, your status will be of foreign spouse adjusting status and this status doesn't a work or work offer.

[EstebanTrabajos 7]

Remember, do NOT leave the country before obtaining your green card or at least the advance parole document. Doing so w/o a green card or AP, re-entering using your TN visa and being married to a US citizen and with the intention to adjust status can be labeled as visa fraud because you are not using the proper documentation to enter the country even though your relationship is true.

[Bobby+Umit 161]

To add, if you don't maintain your TN status, IE "quit your job", and the AOS is denied, you will have no choice but to return home (since you have no valid visa status anymore)

[kennedy_rae 0]

Do we now file for AOS with the I-485 checklist of items?

We married after knowing eachother 3 years, I am not American, he is. We married inside the US.

I also wonder since I am on a TN Visa if I were to quit my job or be laid off after filing for AOS what would happen?

any insight would be great

thanks

Follow the steps by clicking the link below, you have to send both I-485 and I-130, check the guide for more info.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Once you apply for AOS, you are free to quit your job and you won't be out of status because now instead of being a TN visa holder, your status will be of foreign spouse adjusting status and this status doesn't a work or work offer.

So should I wait until they send me something back with approval of adjustment of status before I quit my job? I'm tied to this job because of the TN but really want to quit if possible. So not just sending in the papers but I should wait until I hear back correct?

[Nik+Heather 121]

Did you miss Bobby's answer?

We can't tell you to quit your job or not. You're an adult, here are the possible consequences of your decision, now it's a "your life, your decision" situation.

Though I think it would have to be a nearly criminally abusive job to make ME quit in this economy. Who knows when your spouse might get the axe, and then you're left with NO jobs! Eeek.

To add, if you don't maintain your TN status, IE "quit your job", and the AOS is denied, you will have no choice but to return home (since you have no valid visa status anymore)

[metals95 1]

Do we now file for AOS with the I-485 checklist of items?

We married after knowing eachother 3 years, I am not American, he is. We married inside the US.

I also wonder since I am on a TN Visa if I were to quit my job or be laid off after filing for AOS what would happen?

any insight would be great

thanks

Follow the steps by clicking the link below, you have to send both I-485 and I-130, check the guide for more info.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Once you apply for AOS, you are free to quit your job and you won't be out of status because now instead of being a TN visa holder, your status will be of foreign spouse adjusting status and this status doesn't a work or work offer.

So should I wait until they send me something back with approval of adjustment of status before I quit my job? I'm tied to this job because of the TN but really want to quit if possible. So not just sending in the papers but I should wait until I hear back correct?

I too know the noose that is working on TN. If you file AOS, also file I131 and I765. Once you get the EAD you can quit your job and work for any employer you want.

Nik+Heather, Yes the economy is sucky, but some workers still have options depending on their background. Working TN can be really restrictive especially if you have other employment options that don't include employer sponsorship. Walk a mile in TN shoes before you judge.

Edited August 8, 2009 by metals95

[Nik+Heather 121]

Do we now file for AOS with the I-485 checklist of items?

We married after knowing eachother 3 years, I am not American, he is. We married inside the US.

I also wonder since I am on a TN Visa if I were to quit my job or be laid off after filing for AOS what would happen?

any insight would be great

thanks

Follow the steps by clicking the link below, you have to send both I-485 and I-130, check the guide for more info.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Once you apply for AOS, you are free to quit your job and you won't be out of status because now instead of being a TN visa holder, your status will be of foreign spouse adjusting status and this status doesn't a work or work offer.

So should I wait until they send me something back with approval of adjustment of status before I quit my job? I'm tied to this job because of the TN but really want to quit if possible. So not just sending in the papers but I should wait until I hear back correct?

I too know the noose that is working on TN. If you file AOS, also file I131 and I765. Once you get the EAD you can quit your job and work for any employer you want.

Nik+Heather, Yes the economy is sucky, but some workers still have options depending on their background. Working TN can be really restrictive especially if you have other employment options that don't include employer sponsorship. Walk a mile in TN shoes before you judge.

Not judging, Just quitting jobs right now seems like it opens someone up to a whole host of unhappy possibilities, both related to immigration status and personal financial status. I said it would have to be a REALLY bad job to make ME quit. Maybe it is. *shrug* Quitting with another job lined up on the might address half of the issue, but that still doesn't cover the possibility Bobby brought up. The suggestion isn't to keep the job forever, it's just to consider sticking it out long enough for the green card to be in hand for minimal risk.

[furiousng 2]

Here is my two cents. Once you get your NOA's, your status changes to applicant for immigration benefits. You can quit your job and still be legal BUT its not advisable not only for economic reasons but as Bobby_Umit said, if your AOS is denied which is always a possibility you will have no other base to fall back on. Unless you ready to take that risk, I would say hang in there till you get your GC then make your career move. Notice I did not say till you get your EAD, as the approval of EAD does not guarantee approval of AOS. Your current job is a bird in hand and its worth more than two in the bush. Good luck on your journey.

[kennedy_rae 0]

Thank you all for your comments.

Being tied to an employer through a TN visa is horrible especially if you hate the employer/job. You have no option. I have the type of career that allows me to freelance work easily and I have been in my profession over 12 years so I'm not too worried about work, I just want to ensure that it's legal that I work for myself. Plus I feel as though I am being exploited in my current position due to the economy and my immigration status.